TEXT OF THE RUSSIAN EXTRADITION TREATY

STOP

Early Journal Content on JSTOR, Free to Anyone in the World

This article is one of nearly 500,000 scholarly works digitized and made freely available to everyone in
the world by JSTOR.

Known as the Early Journal Content, this set of works include research articles, news, letters, and other
writings published in more than 200 of the oldest leading academic journals. The works date from the
mid-seventeenth to the early twentieth centuries.

We encourage people to read and share the Early Journal Content openly and to tell others that this
resource exists. People may post this content online or redistribute in any way for non-commercial
purposes.

Read more about Early Journal Content at http://about.jstor.org/participate-jstor/individuals/early-
journal-content .

JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people
discover, use, and build upon a wide range of content through a powerful research and teaching
platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not-for-profit
organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please
contact support@jstor.org.

148

AMERICAN ADVOCATE OF PEACE.

We strew the flowers
'Mid hymn and prayer,
And set the flag among them there,
And love's eternal pledge renew :
The Red Stripe for the old ; the White
For Peace in Heaven's unfolding light ;
For future years, celestial Blue.
Comrades, we go ! — to those who fell
No heart will ever say farewell,
They rise forever in review !
March forward — to the Right !

-Selected.

TEXT OF THE RUSSIAN EXTRADITION
TREATY.

The United States of America and His Majesty the
Emperor of all the Russias, having thought proper, with a
view to the better administration of justice and of the
prevention of crime in their respective territories and
jurisdictions, that persons convicted of or charged with
any of the crimes hereinafter enumerated, and having
escaped from justice, should, in certain cases, be recipro-
cally delivered up, have resolved to conclude a convention
to this end, and have named as their plenipotentiaries, to
wit :

The President of the United States of America, and
His Majesty the Emperor of all the Russias, having
communicated to each other their full powers, found to be
in good and due form, have agreed upon the following
articles :

Article 1. The high contracting parties reciprocally
agree to surrender to each other upon mutual requisitions,
and according to their respective regulations and pro-
cedure, persons who, being charged with, or convicted of
the commission, in the territory of the contracting parties,
of any of the crimes and offences specified in the follow-
ing article, shall seek an asylum or be found within the
territory of the other. Provided that this shall only be
done upon such evidence of criminality as, according to
the laws of the place where the fugitive or person so
charged should be found, would justify his or her appre-
hension and commitment for trial if the crime or offence
had been there committed.

Art. 2. Persons convicted of or charged with any of
the following crimes, as well as attempts to commit, or
participate in the same, as an accessory before the fact,
provided such attempt or participation is punishable by
the laws of both countries, shall be delivered up in virtue
of the provisions of this convention :

1. Murder and manslaughter, when voluntary.

2. Rape, abortion.

3. Arson.

4. Burglary, to be defined by the act of breaking and
entering by night into the dwelling house of another with
intent to commit felony ; robbery, defined to be the act
of feloniously and forcibly taking from the person of
another money or goods by violence or by putting him in
fear; larceny, when the value of the property shall
exceed 200 or 300 roubles.

5. Forgery and the utterance of forged papers, includ-
ing public, sovereign or Governmental acts.

6. The fabrication or circulation of counterfeit money,
either coin or paper, or of counterfeit public bonds,
coupons of the public debt, bank notes, obligations or
in general of any counterfeit title or instrument or credit ;
the counterfeiting of seals and dies, impressions, stamps
and marks of State and public administrations and the
utterance thereof.

7. The embezzlement of public moneys by public
officers or depositaries.

8. Embezzlement by any person or persons hired or
salaried, to the detriment of their employers, when the
value of the property so taken shall exceed 200 or 300
roubles.

9. Piracy or mutiny on shipboard, whenever the crew
or part thereof shall have taken possession of the vessel
by fraud or by violence against the commander.

10. Wilful or unlawful destruction or obstruction of
railroads which endangers human life.

Art. 3. If it be made to appear that extradition is
sought with a view to try or punish the person demanded
for an offence of a political character, surrender shall not
take place, nor shall any person surrendered be tried or
punished for any political offence committed previously
to his extradition, nor for any offence other than that for
which the extradition was granted ; nor shall the surrender
of any person be demanded for an offence committed
prior to the date at which this convention shall take
effect.

An attempt against the life of the head of either
Government or against that of any member of his family,
when such attempt comprises the act either of murder, of
assassination, or of poisoning, or of accessoryship there-
to, shall not be considered a political offence or an act
considered with such an offence.

Art. 4. The contracting parties shall not be required
to deliver up their own citizens or subjects in virtue of the
stipulations of the present convention.

Art. 5. If the person demanded be held for trial in
the country on which the demand is made it shall be
optional to the latter to grant extradition or to proceed
with the trial ; provided, that, unless the trial shall be for
the crime for which the fugitive is claimed, the delay
shall not prevent ultimate extradition.

Art. 6. Requisition for the surrender of fugitives
from justice, accused or convicted of any of the crimes or
offences hereinbefore mentioned, shall be made by the
diplomatic agent of the demanding Government. In
case of absence of such agent, either from the country
or from the seat of Government, such requisitions may
be made by the superior consular office.

When the person whose surrender is requested shall
already have been convicted of the crime or offence for
which extradition is demanded, the demand therefor shall
be accompanied by the copy of the judgment of the court
that pronounced the sentence, bearing the seal of said
court. The signature of the Judge thereof shall be
authenticated by the proper executive officer of the
demanding Government, whose official character shall
in turn be attested by the diplomatic agent or superior
consular office of the Government on which the demand
is made. When the person whose surrender is asked
shall merely be charged with the commission of an
extraditable crime or offence the application for extradi-
tion shall be accompanied by an authenticated copy of
the warrant of arrest or of some other equivalent judicial

AMERICAN ADVOCATE OF PEACE.

149

document issued by a judge or a magistrate duly author-
ized to do so, and likewise by authenticated copies,
depositions or declarations made by such magistrate,
and setting forth the acts with which the fugitive is
charged.

Art. 7. It shall be lawful for any competent judicial
authority of the United States upon production of a certi-
ficate by the Secretary of State stating that request has
been made by the Imperial Government of Russia for the
provisional arrest of a person convicted or accused of the
commission therein of a crime or offence extraditable
under this convention, and upon complaint, duly made,
that such crime or offence has been so committed, to
issue his warrant for the apprehension of such person.
But if the formal requisition for surrender, with the
formal proofs hereinbefore mentioned, be not made as
aforesaid by the diplomatic agent of the demanding
Government, or, in his absence, by the competent
consular officer, within forty days from the date of the
commitment of the fugitive, the prisoner shall be dis-
charged from custody, and the Imperial Russian Govern-
ment will, upon the request of the Government of the
United States transmitted through the diplomatic agent
of the United States, or in his absence, through the
competent consular officer, secure the provisional arrest
of persons convicted or accused of the commission therein
of crimes or offences extraditable under this convention.
But if the formal requisition for surrender, with the
formal proofs hereinbefore mentioned, be not made as
aforesaid by the diplomatic agent of the demanding
Government, or in his absence, by the competent consular
officer, within forty days from the date of arrest of the
fugitive, the prisoner shall be discharged from custody.

Art. 8. Articles in the possession of the fugitive
that have aided the commission of the crime or offence,
and any article or property which was obtained through,
the commission of the crime or offence charged, and also
any other article that may serve to convict, shall, if the
demand for extradition be granted, be delivered to the
authorities of the demanding Government, even where,
owing to the death or escape of the fugitive, extradition
cannot take place. Such delivery shall also include
articles of the character above mentioned which the
fugitive may have concealed or deposited in the country
of refuge and which may subsequently be found there.
The rights of third parties to the above-mentioned articles
shall, nevertheless, be duly respected, and they shall be
returned to the owners free of expense after the conclusion
of the case. The right of the Government on which the
demand for extradition is made to temporarily retain
such articles when they may be necessary for the insti-
tution of criminal proceedings occasioned by the same act
that has given rise to the demand for extradition, or by
any other act, is admitted.

Art. 9. Tn case the person whose extradition is
demanded under the present convention is also claimed
by another Government, preference shall be given to the
Government whose demand shall be earlier in point of
time, provided the Government from which extradition
is sought is not bound by treaty to give preference
otherwise.

Art. 10. The expense occasioned by the arrest,
detention and transportation of persons whose extradi-
tion is required shall be borne by the Government
making the application.

Art. 11. The present convention shall be ratified,
and the ratification shall be exchanged at St. Petersburg
as soon as possible. It shall take effect on the 20th day
after its promulgation in the manner prescribed by the
laws in force in the territories of the contracting parties.
It shall remain in force for six months after notice of its
termination shall have been given by either of the con-
tracting parties.

In witness whereof, the respective plenipotentiaries
have signed the present convention, and have thereunto
affixed the seals of their Governments.

Done in duplicate at the city of Washington on the 28th
day of March, 1887.

T. F. Bayard,
C. Struve,
Rosen.

EXTRACTS FROM THE ANNUAL REPORT OF
THE LONDON PEACE SOCIETY.

SIGNS OF PROGRESS.

The brute instincts and habits of the human race are
yet mainly predominant, even in civilized and so-called
Christian communities. Faith in phj-sical force is every-
where greater than in moral influence. Class interests
and monopolies are still mighty factors in the government
and intercourse of nations. The untiring and sleepless
energy and activity of those who are directly interested
in the maintenance and development of the military
system have carried the modern world to the verge of
disaster and rendered well-nigh intolerable the burdens of
an armed Peace. The open and almost ostentatious
magnifying of force which has been the habit of States-
men and Rulers has not been relinquished. The rivalry
of the great Powers in the increase of their armaments
has lost none of its madness. The internal strifes and
anxieties of nations — those between class and class,
between labor and capital, for instance — are not lessening
either in number or virulence. But, notwithstanding all
this, there are everywhere signs of progress and encour-
agement.

There is a visible growth of Peace sentiment, and an
expanding conviction both of the folly and wickedness of
war, and also of the practicability and necessity of more
effectual means of settling international and other dis-
putes. There is manifestly, too, a rapid increase in the
number of men and women who can see and feel, and
who act on the conviction that the working out of the
great Christian principles, though they may not be
acknowledged as such, offers the only hope for the
future of humanity. Apparently there never was a time
in which men generally, and even politicians themselves,
were so firmly convinced that there is only one effectual
settlement of social and national difficulties — the just and
righteous settlement — which is lasting and satisfactory.
There is not only a growing feeling after, and a seeking
for, this settlement, but there is a very solemn sense that
it must be found, before, in any real and large and lasting
form, Society can see even the beginnings of Peace.
Military methods and the spirit of domination which they
embody, are everywhere revealing their impotence as
prominent factors in the life of humanity. Amidst all the
social movements of the times, the experiments in the
direction of concert and co-operation which constitute so